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A Thursday, Oct. 31, hearing is set to address allegations of prosecutorial misconduct that could result in the death penalty being removed as a punishment for the Walmart mass shooter. Judge Sam ...
Last year Price initiated an investigation into potential prosecutorial misconduct during jury selection in the case of Ernest Dykes, who was found guilty in 1993 of shooting a 9-year-old.
Jan. 25—CONCORD — A federal judge in New Hampshire has dismissed one criminal case, and a high-profile white-collar case hangs in the balance over questions about misconduct by a top federal ...
Ginsburg, joined by Breyer, Sotomayor, Kagan. Connick v. Thompson, 563 U.S. 51 (2011), is a United States Supreme Court case in which the Court considered whether a prosecutor's office can be held liable for a single Brady violation by one of its members on the theory that the office provided inadequate training.
Prosecutorial misconduct. In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." [1] It is similar to selective prosecution.
Prosecutorial vindictiveness occurs where a prosecutor retaliates against a defendant for exercising a constitutional or statutory right by increasing the number or severity of the charges against him. [1][2] The United States Supreme Court has held prosecutorial vindictiveness to constitute a violation of a defendant's right to due process. [3][4]
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse. Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors Skip to ...
Brady v. Maryland, 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States, the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty (exculpatory evidence).